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Tunisia - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints

Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Tunisia - 2013    

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Compensation for unfair dismissal - free determination by court: No

  • See art. 23bis LC.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- If the dismissal is not justified by a genuine and serious reason, compensation varies from one or two months' salary for each year of service, up to a maximum of three years' salary (art. 23bis LC).
The existence and the extent of the employee's losses are determined by the court, taking into account the worker's qualifications, his or her length of service in the firm, age, remuneration, family situation, the impact of dismissal on his or her retirement, compliance with the specified procedures and any special circumstances.

- If the dismissal is justified by a genuine and serious reason, but has been effected without observing the procedures prescribed by the law or by collective agreements, the dismissal is considered unfair (abusif"), but the amount of damages is limited to an amount between one and four months' salary (art. 23bis LC).

- The amount of damages for unfair termination of a contract of employment for a specified period corresponds to the payment due for the remaining contract period or for the remaining work left to perform (art. 24 LC).

Reinstatement available: No

  • A worker who is unfairly dismissed cannot claim to be reinstated into the enterprise. Compensation is the only remedy for unfair dismissal (art. 23 LC).

Preliminary mandatory conciliation: Yes

  • Preliminary mandatory conciliation before the Labour Court (Conseil de prud'hommes): art. 207 LC.

Competent court(s) / tribunal(s): labour court

  • A specialized labour court (Conseil de prud¿hommes) which is of tripartite composition has jurisdiction over individual labour disputes. Appeals against its decisions are heard by the ordinary Courts of Appeal (arts. 183 and 221 LC).

Existing arbitration: No